Systemic Defects Clause Samples

Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).

Systemic Defects. Notwithstanding the warranty requirements and conditions set forth in this Section, during the period of time that PRESSTEK has Service Obligations, PRESSTEK will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Product(s) in inventory or in the field, by delivering to XEROX a replacement Product(s) or otherwise correct the defect as agreed upon by the parties. PRESSTEK shall not be required to cure any Systemic Defect for any Product(s) which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use. At XEROX' request, PRESSTEK shall provide to XEROX kits containing the necessary software or hardware to correct the Systemic Defect for all affected units of Product(s) or, if XEROX reasonably believes it is probable that the Systemic Defect will affect at least substantially all units of Product(s) then located either at customer locations or in XEROX' inventory, PRESSTEK shall provide at its' expense XEROX with the kits for all such units of Product(s).

Systemic Defects. 5.7.1. By mutual consent, in addition to the warranties above, Calix shall be obligated to remedy any systemic defects in the Products. A systematic defect is a defect of the same or substantially the same type, that appears or is likely to appear during the reasonably expected life time of the concerned Products in more than 3% of such Products delivered during any relevant time period, such time period to be determined by Ericsson in its reasonable discretion, however not less than a time period of three consecutive months. In case of a systematic defect in the Products, Calix shall promptly: 5.7.1.1. at no charge to Ericsson, replace all units of the respective Products delivered up to the time that the systematic defect has been remedied by Calix (provided, however that this Section 5.7.1.1 shall not apply to any EDA 1500 products previously shipped by Ericsson or shipped by Calix within the first nine months after the Effective Date); and [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 5.7.1.2. reimburse Ericsson for the actual costs for the replacement of such defective Products. 5.7.2. Calix's obligations regarding systemic defects shall be applicable for the full expected life time of the relevant Products, which time, however, never shall be shorter than [***] from the date of delivery of the relevant Products, or [***] in the case of ONT Products.

Systemic Defects. For purposes of this Agreement a "Systemic Defect" means a Sensor Assembly Defect that occurs in identical or substantially similar form or from a substantially similar cause in at least fifteen percent (15%) of the field population of Sensor Assemblies within two (2) years after receipt of delivery of the Sensor Assemblies by DMD. DMD agrees that it will, at all times during the term of this Agreement, and for so long as it continues to sell or otherwise support Sensor Assemblies and Board Assemblies, carry insurance that names SUNI as an additional insured and that is sufficient to cover the costs of possible loss or damage arising out of Systemic Defects, including, but not limited to, the cost of replacement Components and of manufacturing, test and assembly services. DMD will provide a copy of such insurance policy to SUNI upon SUNI's request. SUNI and DMD agree that they will complete negotiation of the allocation of the cost of such Systemic Defect insurance within thirty (30) days from the date of this Agreement.

Systemic Defects. The term "Systemic Defects" shall mean a defect of any type affecting the usefulness of the AHP Unit for its intended purpose which occurs in identical or substantially similar form or from a substantially similar cause in more than (i) 0% of 750 consecutively shipped AHP Units manufactured during the first 90 days of production, (ii) 3% of 750 consecutively shipped AHP Units manufactured during the next 90 days of production, or (iii) 3% of 750 consecutively shipped AHP Units manufactured during any production period subsequent to the 180th day of production (as such period may be determined by DMD), within eighteen (18) months after receipt of delivery of Products by DMD.

Systemic Defects. Notwithstanding anything to the contrary in Sections 11.01 and 11.02 above, (i) Splash shall undertake without charge and without delay to promptly meet with Xerox to put a mutually agreed plan in place to promptly remedy any Systemic Defect in all Splash Products in inventory or in the field, by delivering to Xerox on a rolling inventory basis a replacement Splash Product or part thereof and (ii) Splash shall use commercially reasonable efforts to reduce turnaround time for Splash Products returned to Splash and affected by a ----------------- * Confidential Treatment Requested Systemic Defect to [*]. The foregoing states Splash's sole obligation and the exclusive remedy of Xerox and Xerox Affiliates with respect to Systemic Defects. Splash shall not be required to cure any Systemic Defect for any Splash Products which have been subjected to accident, negligence, misuse, alteration, modification, tampering or causes other than ordinary use or that results from or arises out of the Xerox Software or Xerox Product.

Systemic Defects. Notwithstanding the warranty requirements and conditions of this Section 11, Seller will undertake without charge and without delay to promptly remedy any Systemic Defect in all affected Products in inventory or in the field, by delivering to DMD repaired or replacement Product(s). Seller shall not be required to cure any Systemic Defect for any Products

Systemic Defects